A.K. Janah, J. - (1.) These two appeals are by the Plaintiff and are against one and same judgment dated September 30, 1967, passed by the learned Subordinate Judge, Third Court, Alipore, in. Misc. Case Nos. 93 and 95 of 1964.
(2.) The facts giving rise to the present appeals are briefly as follows: On June 20, 1959, the Plaintiffs V.K. Murti obtained an import licence from the Joint Chief Controller of Imports and Exports for import of machinery from the United States of America for manufacture of salted peanuts. The Plaintiff did not have the necessary finance with him and he was looking for a financier. The Defendant No. 1, C.V. Rama Aiyar, agreed to finance the Plaintiff and the Defendant No. 1 on March 29, 1960, by which it was agreed, inter alia, that a private limited company would be incorporated with the object of establishing a factory for the manufacture of salted peanuts by the said machinery to be imported under the Plaintiff's import licence. In pursuance of that agreement a private limited company was incorporated under the name and style of 'Bharat Kernels Private Limited' (hereinafter referred to as the 'company') on May 11, 1960. Disputes arose between the Plaintiff and the Defendant No. 1 in January 1961 and various correspondences went on between the parties for sometime and ultimately the Plaintiff instituted a suit, being T.S. No. 78 of 1962, in the Third Court of the Subordinate Judge, Alipore, against the Defendant No. 1 and several other persons of whom the company was the Defendant No. 6 and the Plaintiff's wife was the Defendant No. 12. In the said suit the Plaintiff, inter alia, prayed for: (a) A decree declaring that the Plaintiff is the owner and he has title over the machinery described in schedule A to the plaint and for recovery of possession thereof. (b) In the alternative if the said machinery were not available then a decree for Rs. 3,29,364 -00 with interest at 6 per cent per annum.
(3.) After the said suit was instituted by the Plaintiff a petition was filed by the Defendant No. 1 under Sec. 34 of the Arbitration Act praying for a stay of the suit pending reference to arbitration under the arbitration clause contained in the Deed of Agreement dated March 29,1960, between the Plaintiff and the Defendant No. 1. A similar application was also filed on behalf of the Defendant No. 6, the company, which had been incorporated in the meantime. The said prayer of the Defendants for stay was opposed, by the Plaintiff, but the learned Subordinate Judge by his order dated March 7, 1963, stayed the hearing of the suit under Sec. 34 of the Arbitration Act. Thereafter, arbitration proceedings went on before the Bengal Chamber of Commerce and Industry in terms of the arbitration clause contained in the Deed of Agreement dated March 29, I960. On October 9, 1964, the Bengal Chamber of Commerce and Industry made an award in favor of the Plaintiff. On December 15, 1964, and December 16, 1964, two petitions were filed by the Defendants Nos. 1 and 6 respectively for setting aside the award under Sec. 33 read with Ss. 30, 15 and 16 of the Arbitration Act. The said two applications were registered as Misc. Cases Nos. 93 of 1964 and 95 of 1964 respectively. By an order dated September 30, 1967, the learned Subordinate Judge upheld the Defendants' objection and allowed the two miscellaneous cases. The Plaintiff has preferred the present appeals against the order allowing the two miscellaneous cases.;